June 1703, 1-5

June 1.Whitehall.

770. William Popple to Josiah Burchett. The Council of
Trade and Plantations are about to hear the merchants concerned
in the Virginia Trade, upon the subject of their Memorial, and
desire to know what men of war will be remaining in Virginia,
when the convoy last sent shall be come away. [C.O. 5, 1360.
p. 388.]

June 1.Admiralty Office.

771. J. Burchett to William Popple. When the ships of
warr come from Virginia which last sayled thither, there will
none remaine at that place, for they are all ordered to come away
with the Trade. Signed, J. Burchett. Endorsed, Recd. Read
June 2, 1703. Addressed, ¾ p. [C.O. 5, 1313. No. 19; and
5, 1360. p. 389.]

June 1.Whitehall.

772. William Popple to Sir E. Northey. The Council of
Trade and Plantations have considered your opinion touching
a Law in New England regulating the rate of foreign coins in
that Colony (afterwards confirmed by the Crown) which opinion
does serve for their guidance; and they are further desirous
to know from you whether H.M. may not by her Royal Prerogative
settle the rates of foreign coins in her Plantations in America
by Proclamation as well under Proprieties as under H.M. immediate
Government so far forth as does not contradict any law confirmed
by the Crown. And whereas there is an Act past in Pennsylvania
Appointing the rate of money or coin within that Province and
Territories, and for preventing the clipping of the same now in
your hands, not yet confirmed by the Crown, which will be
necessary to be repealed upon issuing such Proclamation, their
Lordships desire likewise your opinion therein. [C.O. 324, 8.
pp. 250, 251.]

June 1.Whitehall.

773. Journal of Council of Trade and Plantations. Report
concerning the different rates of foreign coines in H.M. Plantations
considered. Letter to the Attorney General on that subject
ordered.

Mr. Usher acquainted their Lordships that he is about to
embark for New England in a few days, and offering his service
there in what this Board may think fit to command him, their
Lordships resolved to take into consideration the Order of
Council relating to his Commission in the first opportunity.

Mr. Cobb proposing that, instead of the two Acts of Mountserrat,
which have been lately repealed, there may be draughts of
other Acts for the like purposes sent from hence to be passed
there totidem verbis, and desiring a copy of the Representation of this Board, he was told that directions have already
been given to Col. Codrington about that matter. Their Lordships did not therefore think fit to give him any copy of the said
Representation.

June 2.

Sir Richard Levett and other merchants attending on the
one side and Mr. Perry etc. on the other, the latter presented
to the Board a Memorial in answer to the petition to H.R.H.
for delaying the departure of the Virginia convoy, etc., which
was read. The subscribers to said petition laid before the Board
a list of 24 ships which cannot be ready till September, and further
offered that the country is pretty well supplied with necessaries
by the last Fleet; that tobacco is seldom ready till December
and sometimes not til January or February; that the voyages
are usually longer and more sickly in summer than in winter;
and that the early departure of the Fleet will cause a needless
stay of the men of war in the country, and expense to the Crown,
when they might be more useful at home. Those of the contrary
opinion denied that the goods already sent are any way proportionable to the wants of the country; adding that there are
three times as many ready to be sent by the next fleet as were
sent by the last, and that if it do not partearly, it will be impossible
they can arrive time enough for the cloathing of those that want
it before winter. They insisted more especially that the goods
now to be sent are for the account of the inhabitants themselves,
who want them, whereas those sent last are only for the account
of merchants here, who desire the delay of the departure of the
next convoy only for their own advantage, that their goods
(already at the market) may find a better sale, whilst the country
is in want. They observed also that whenever the time may be
appointed for sailing, it is very probable the ships may be
detained here much longer than the appointment by contrary
winds or other accidents, and if that should run them too far into
the winter, it would be very prejudicial to every one. After
which hearing of both sides, and after reading a letter from
Mr. Burchet, June 1, directions were given for preparing a Report.

Mr. Thurston attending in reference to the affairs of Newfoundland, letter to Mr. Burchet ordered.

June 3.

Newfoundland enquiries and instructions ordered to be signed
and sent to Mr. Burchet.

774. Journal of Assembly of Jamaica. Capt. Thomas
Freeman was fined 50l., which he refused to pay, and was ordered
to remain in custody till he pays.

A Committee was appointed for providing for the soldiers.

Andrew Orgile attending in custody, and offering excuses,
was fined 6l. and discharged.

June 2.

Capt. Freeman, having satisfied his fees, was discharged.

Bill for providing for the officers and soldiers was debated.

June 3.

Bill for the better collecting and paying H.M. quit-rents
ordered to be brought in to-morrow.

Bill for deviding the parish of St. Elizabeth read the third
time.

Message sent to the Governor to enquire when there would
be a Council. Answer returned, that there would be one, if
possible, at 3 a clock afternoon.

Act to prevent the incursions of an enemy on the sea-coasts
was read the third time.

Committees appointed to bring in several Bills.

Leave granted to bring in the Bill for providing for the soldiers
to-morrow.

The engrossed Acts were sent up, with a message to enquire
what is become of the Bill to impower Commissioners to enquire
after the Port Royal money. [C.O. 140, 7. pp. 33, 34.]

June 1.

775. Minutes of Council in Assembly of the Massachusetts
Bay. A Bill for continuing of several Acts near expiring was
read the first time.

H.E. not coming to town, sent an order to adjourne until
to-morrow.

June 2.

Samuel Appleton was sworn a Member of Council.

Bill for continuing Acts read a second and third time and sent
down.

Vote of the Representatives, that the hearing of Samuel Gibson
be deferred till next session, agreed to.

Committee appointed to examine the Indian papers reported,
that they found "that what the Indians desired was a confirmation
of their lands to them according to the wills and grants of their
decd. Sachems, but said wills not having been proved in due
form of law, nor drawn up in form as is usual among the English,
it lyeth only in the power of this Court to releive them, and to
allow or give orders for the allowing of the same, and in order
to a just proceeding therein, we humbly offer to the consideration
of the Assembly that all townships or particular persons concerned, that would contest said wills or claim any of said lands,
be notified to appear with the Indians at this Court at an
appointed time, and that in the meantime all concerned forbear
all proceedings in law." List of claims annexed. Ordered
accordingly, the parties with their witnesses and documents to
appear next session. The Representatives agreed.

10l., and 2l. per annum for life was granted to Samuel Wright
of Northampton, lame of a wound received in the first Indian
war, upon the recommendation of the Representatives.

Ordered, that the Act for giving succours and assistance to the
neighbouring Provinces and Colonys, be continued to the end
of the session of the General Assembly to be convened May, 1704.
This order was sent down to the Representatives, for their
concurrance.

Resolve of the Representatives, for granting a hearing before
this Court at their next session unto Joseph Ballard of Medfield,
was negatived.

Petition of several of the inhabitants of Lancaster granted,
upon a resolution of the Representatives that, inasmuch as they
were driven out by the enemy and the place wholly deserted.
their former agreement for the maintenance of their Minister
is now null and void, and they ought to levy their Minister's rate
upon their inhabitants in equal proportion as the Law directs.

Petition of John Campbell, Master of the Post Office in Boston,
for provision to be made for the upholding and encouragement
of the same, was read and committed.

June 3.

An address of sundry Ministers for further provision to be
made by law for the upholding and encouragement of Schools,
read. Joint Committee appointed to prepare a Bill for that
purpose for next session.

Upon a petition of several inhabitants of Lancaster, ordered
that yesterday's vote be suspended, and all persons concerned
be heard thereupon at the next session. The Representatives
agreed.

Upon the petition of John Saffin concerning a negro withheld
from him, the matter was appointed to be heard before the next
Court of General Sessions of the Peace for Suffolk. The
Representatives agreed.

Upon the report of the Committee upon the petition of John
Campbell, ordered that 20l. be allowed the Post Master for his
charge in time past, and forty pounds for the year ensuing;
that all masters of ships arriving here under penalty of 5l. deliver
their letters to the Post Master or his Deputy sealed up in a bag
with an alphabetical list fairly drawn up, for each letter to receive
of said Postmaster one halfe penny: that the now accustomed
rates be paid for letters; that the Postmaster be freed from
impresses, trainings and watchings. This vote was sent down
for concurrence. [C.O. 5, 789. pp. 824–828.]

June 1.

776. Journal of House of Representatives of New York.
Bill, to supply the defects of the Act appointing Commissioners to
examine the accounts of the Revenue, read the third time and
sent up.

Bill, for raising 1,500l. toward erecting two batteries at the
Narrows, read the third time and sent up.

Bill for the better regulating fees was read the first time.

June 2.

Last mentioned Bill read the second time and committed.

The Militia Bill was sent down and agreed to without amendments. The House agreed to the amendments proposed by the
Council to the Bill for emending the Act for defraying the public
charges, and returned the Bill so emended.

Bill for regulating fees read a third time.

Petition of several inhabitants of the City of New York,
complaining of great frauds dayly committed in tanning of leather,
ordered to lie upon the table.

June 3.

Bill for regulating fees was passed and sent up.

The House agreed to the Address of Congratulation to H.M.
upon the success of her Arms by land and sea, prepared by the
Joint-Committee. [C.O. 5, 1185. pp. 70–74.]

June 2.

777. Merchants and planters trading to Virginia and
Maryland to the Council of Trade and Plantations, on behalf
of themselves and many thousands of the inhabitants, whose
effects we have now ready to send for their cloathing, of which all
our advices direct a speedy supply. Reply to the Memorial
presented to H.R.H. (1) For more then thirty years experience,
July has been thought a proper time for great quantities of goods
to be exported to those Provinces in time of peace. (2) At this
time it is absolutely necessary that it should be so, because
that most of the families are destitute of necessaries to cloath
themselves and servants, which lyes ready bought and packt,
they having had two winters expence for one supply. As to the
tobaccos not being ready till February, we know by experience
that a great part of the crop is in cask in Oct.—Dec., and they
are accounted very ill husbands that have not compleated by
that time their crops. (3) As to the ships, a great many are now
ready, and all can be by that time. (4) As for men, they can
be found, and there will be no greater plenty later on, etc. Pray
that the convoy. may remain fixed for July according to the
Order in Council. Signed, Micajah Perry and nineteen other
signatories. Endorsed, Recd. Read June 2, 1703. 1 large p.
[C.O. 5, 1313. No. 20; and 5, 1360. pp. 390–392.]

779. Minutes of Council of the Massachusetts Bay. Petition
of Nicholas Roberts, of Boston, merchant, read, complaining of
Jeremiah Dummer, one of the Justices of the Inferior Court for
the County of Suffolk, for his private insinuation to Thomas
Foster, one of the jurors in a cause then upon trial between
Dame Eliza Shrimpton and Roberts. Mr. Foster and
Mr. Dummer were heard.

11l. paid to Eliza Monck for a publick dinner on May 26, being
the anniversary day of Election of Councellours.

72l. 15s. 5d. paid to Daniel Peirce, for a supply of corn and
provisions for the Indian trade sent to the Eastward last winter.
[C.O. 5, 789. pp. 510–512.]

June 3.Admiralty Office.

780. Mr. Burchett to Mr. Popple. The Commissioners for
Victualling are ordered to pay unto Mr. Thurston such money
as may be necessary to purchase drink for the Company of Soldiers
at Newfoundland, and the Capt. of the Centurion, who is now
ordered to the Buoy of the Nore, is directed to receive that and
the other money for their subsistence. Signed, J. Burchett.
Endorsed, Recd. Read June 4, 1703. Addressed. ½ p.
[C.O. 194, 2. No. 125; and 195, 3. p. 245.]

June 3.Whitehall.

781. William Popple to Josiah Burchett. In further
explanation of letter of May 28th about the money for the
soldiers' subsistence at Newfoundland. [C.O. 195, 3. pp. 233,
234.]

June 3.Whitehall.

782. Council of Trade and Plantations to Capt. Richards.
We have received two letters from you, the first without date,
the other dated November 23 last, and have considered the
contents thereof. In answer to all that you write relating to
the accounts of the Agent, Mr. Thurston, the cloathing, the
provisions etc., formerly sent by him, you have here inclosed
copies of the papers which he has laid before us upon that subject.
We are very sensible of the ill state of the soldiers' cloathing
when you writ, and do therefore much approve of your care in
providing them watch-coats for the winter; you will by this
conveyance receive a new supply of cloathing, provisions and
money for their subsistence and other necessary services, together
with money to buy molossoes (as you desired) instead of malt,
and likewise so many swords, belts etc. and cartouch boxes as
are necessary for the men in pay. We hope the soldiers may
be relieved the next year. In the mean time, as the care you
have hitherto taken to prevent desertion is very well, so we
doubt not but you will continue it. We are sorry for what you
write of the prejudice you have received in the use of your limbs
by the cold, but hope it is removed. As to your desire of being
permitted to come to England, though you might leave there an
Assistant Engineer to finish the works, we do not conceive it
consistent with H.M. service that you as Captain of the Company
should be absent so long from them, especially considering that
it is now a time of warr and danger, and that, as you write, the
soldiers are too apt to mutiny or desert. You have here inclosed
a letter from the Earl of Nottingham, containing some directions
relating to the boom to be placed at the entrance of St. John's
Harbour. Since the writing whereof we understand that, for the
better execution of that worke, Mr. John Roope will be sent
over on purpose by the Board of Ordnance. You are therefore
to be assisting to him with your advice, and superintend the
carrying on that service. It having been represented to H.M.
by several merchants concerned in the Newfoundland Trade
and Fishery, that Trinity Harbour in Trinity Bay, and Carbonier
in Conception Bay (considerable fishing places) are lyable to be
insulted by the French from Plancentia, and therefore desired
by the said merchants that fortifications may be built for the
security thereof, directions have been given to the Commodore
of this year's convoy that he repair with you to those places,
and having viewed the same, report your opinion where the
Forts desired may be erected, so as to be a security to the said
Harbours from attacks by sea, and to the Settlements from
attacks by land and what the charge thereof may amount to.
You are therefore to accompany him thither, and return to us
your opinion therein, with a draught of those places. Major John
Powell, late Commander of the Company at Newfoundland,
having laid before the Lord High Treasurer an account of pay
due to him, and of disbursments made by him for H.M. service
in Newfoundland, upon which we have made several observations
(the copies whereof are here enclosed) you are to assist the
said Commodore in the examination of the papers relating to
the provisions alledged to have been furnished by him to the
soldiers and the other disbursements mentioned in his said
account. Signed, Robt. Cecill, Ph. Meadows, William Blathwayt,
John Pollexfen, Matt. Prior. [C.O. 195, 3. pp. 235–238.]

June 3.Whitehall.

783. William Popple to Josiah Burchett. By order of
the Council of Trade and Plantations I enclose the usual heads
of enquiry, together with some additional Instructions and other
annexed papers, humbly submitted by them to H.R.H. the
Lord High Admiral, to be given in charge to the Commodore
of the Newfoundland Squadron. The Commission for the
said Commodore to command at land during his stay in
the provisions alledged to have been furnished by him to the
those parts, is prepared by the Rt. Hon. the Earl of Nottingham.
Annexed.

783. i. Heads of Enquiry relating to the Trade and Fishery of
Newfoundland to be given to the Commander-in-Chief
of the Newfoundland convoy. Same as those abstracted
in the two preceding volumes of this Calendar.

Additional Instructions: Whereas several answers
have been returned by Capt. Graydon and Capt. Leake,
whereby it appears that the inhabitants in general
have not a due regard to the several regulations for
the more advantagious management of the Fishery;
it being found that northward of St. John's as far as
Carboniere and to the southward as far as Ferryland,
the trees are rinded and the woods destroyed as much
as before the late Act; that the Admirals of harbours
and Masters of ships do not exactly observe the rules
prescribed by Act of Parliament; that the vessells from
New England supply the people of Newfoundland with
provisions; that European commodities have been
carryed directly from France, Spain and Portugal to
Newfoundland in English ships, contrary to law, and
sold or truck't with the Traders from New England
for tobacco, sugar and other of the enumerated commodities, and carryed to foreign parts; so that at the
latter end of the years the Masters have been wholly
taken up in the management of that illegal trade,
which might in some measure be prevented, had the
Officers commanding H.M. ships power like that of a
Custome House Officer to seize such goods; that the
New England Traders seldome depart the country, till
the men of war are first sailed, and then they carry with
them numbers of handicraftsmen, seamen and fishermen
whom they entice thither in expectation of great wages;
that the Masters of ships are very negligent in bringing
their men home, whereby they save the charge of their
passage, and those men so left are enticed and carried
to New England; You are therefore upon your arrival
in those parts, to take care as far as in you lies that
the best remedies be applyed for the prevention of those
mischiefs, and to report your opinion thereupon, in
order to further consideration, and to the preparing of
such clauses to be proposed at the next Sessions of
Parliament as may be requisite for the more effectual
regulating that Trade. And whereas complaint has
been made to the Rt. Reverend the Lord Bishop of
London that the soldiers in Newfoundland have behaved
themselves with great immorality and disrespect to
their Minister, you are to endeavour the redress of that
abuse. And whereas, in order to the better security
of St. John's Harbour, H.M. has been pleased to give
directions to Captain Richards, Chief Engineer and
Commander of the Company of Newfoundland, for the
preparing of a boom and fixing the same cross the
entrance of the said harbour, which is to be done with
all possible diligence, you are to inspect the carrying
on of that work and to assist therein as far as the other
service committed to your care will permit. It having
been represented to H.M. by the Petitions and Memorials
of several merchants concerned in the Newfoundland
Trade and Fishery that Trinity Bay being but three
miles over land from Placentia, the chief Fort of the
French from whence they have been frequently insulted,
and it being desired by the said merchants that for the
prevention of the like mischief for the future and the
better security of the fishing of that Bay, a Fort be
built there in some proper place furnished with 20 or
30 guns, and that 40 or 50 soldiers be also sent thither
with Officers, arms, ammunition, and what else may be
necessary for the said Fort, unto which the said merchants
add that Carboniere, a considerable fishing place in
Conception Bay being also in danger of insults from
the French, it may be necessary that it be in like manner
fortifyed, alledging that the same may be done at a
small charge; but it not sufficiently appearing by the
said Petitions and Memorials in what places the said
Forts may be erected so as to be a security to the said
Harbours from attacks by sea, and to the Settlements
from attacks by land; you are to take with you the
said Engineer from St. John's Harbour, and together with
him to view those places and to report to one of H.M.
principal Secretarys of State and to the Council of
Trade and Plantations, how the same are fitted for
such fortifications, and what may be the charge of
erecting them. And whereas Major John Powell, late
Commander of the Company at Newfoundland, has
laid before the Lord High Treasurer an account of pay
due to him, and of disbursements made by him for
H.M. service in Newfoundland, upon which the Council
of Trade and Plantations have made several observations
(the copies whereof are hereunto annexed), you are,
with the assistance of the present Captain or Commander
in Chief of the Company, to examine the said paper
relating to the provisions pretended to have been
furnished by him to the soldiers, and the other disbursements mentioned in his said account. And you
are likewise to enquire into the disposall and expence
of the provisions sent thither the last year and those
now sent, and into the method and regularity of the
payment of the Officers and Soldiers, and of their
behaviour, and as much as in you lies to redress what
abuses you may find in those particulars and to return
an account thereof to one of H.M. principal Secretarys
of State, and to the Council of Trade and Plantations,
together with your answer to the other foregoing heads
of enquiries and instructions by the first opportunity.
[C.O. 195, 3. pp. 238–244.]

June 3.

784. Minutes of Council in Assembly of Jamaica. A Bill
was brought in for appointing Commissioners to enquire into the
execution of several Acts made for raising money on the
inhabitants of Port Royal.

A message was sent up, desiring the concurrence of the Council
to a Bill for preventing incursions of the enemys on the seacoasts, and a Bill for dividing the parish of St. Elizabeth; and
also to desire to know what is become of the Bills impowering
Commissioners to enquire into the proceedings of the Justices
of Port Royal etc.

The Clerk of the Council was thereupon sent to acquaint the
House that that Bill is to-day brought into the Board with
amendments.

June 4.

The Bill appointing Commissioners was read with amendments.
A free Conference held with a Committee of the Representatives.

June 5.

Message sent up from the House that "they will be ready
to meet the Council on all Conferences, but that it is contrary
to the methods and proceedings of their House to join in a conference on any Bill sent up to your Board, until it be returned
with amendments, if any." Reply sent down, that their Bill
was regularly committed, but the Board did not agree with the
Committee, they thinking the verry foot of the Bill must be
altered, and therefore desired a Conference with them, to show
them their reasons for it, which they thought the best and most
amiable way, the Board being also desirous that the intent of
of the Bill be pursued. The House replied: As for your Honour's
regular way of proceedings att your owne Board we doe not
doubt or insist on. But we cannot but adhere to our last message
in maintaining our privileges and customs, which should we
recede from, will be such a precedent as may be of dangerous
consequence.

The Council replied: The Council are far from desiring to
alter or invade your priviledges and customs, or to propose any
precedent, which may be of dangerous consequence. And
what they desired in their first message was no more then what
passed between the Council and Assembly upon the Bill which
raised this very money you are now inquiring after, when there
was a free Conference upon the subject matter of the Bill without
any amendments sent down, as by the Minutes of Assembly in
August last may appear.

Message sent down that the Governor expects 400 men for
recruits to the two Regiments now here to be landed on Munday,
and desires the House to consider of some way for their
reception.

Message sent up, that if there was such a Conference as is
mentioned in your last Message, it ought not to be binding to
this Assembly, for that it was certainly such a concession as
should never have been admitted, especially in a Bill for raiseing
of money, and that the shortnesse of the time that Session was
confined to, and the emergency of affairs might occasion such
an oversight as ought not to be allowed of for a future precedent,
nor can the House agree thereto.

The Council replied that there had been many such Conferences,
instancing for example three cases in 1698.

Message sent up from the House to the Governor, that they
are of opinion that the recruits cannot be conveniently landed
till there is an Act past appointing how they shall be quartered,
and recommend their continuing on board till the Act now
under consideration for providing for the officers and soldiers
receive his Honour's assent, or till a short Bill be finished to
enable the Justices and Vestries of each parish to quarter them
for the present.

The House desired leave to adjourn till Tuesday. The Governor
gave them leave. [C.O. 140, 6. pp. 479–484.]

June 4.

785. Journal of Assembly of Jamaica. Bill for providing
for the officers and soldiers read and recommitted.

Quorum to call over the list and fine absent Members lowered
to 15, and the fine fixed at 1s. 3d.

Capt. Charles Long's excuse was admitted and he was discharged
on paying his fees.

June 5.

See Minutes of Council in Assembly under date.

Capt. Robt. Nedham and William Vassall not attending,
were sent for by the Speaker's warrant.

Bill for the Highways was read a first time. [C.O. 140, 7.
pp. 34, 35.]

June 4.Whitehall.

786. William Popple to Sir E. Northey. An Act of the
General Assembly at Nevis past in May or June, 1701, for the
better securing and confirming the Titles of Land in this Island,
having been repealed by his late Majesty, and the Assembly of
that Island having again past another Act, Dec. 21 last, with
some alterations under the same title (wherein you will be
attended by Coll. Jory, Agent for the said Island), I send you
the same here inclosed by their Lordships' order, for your opinion
thereupon in point of law. [C.O. 153, 8. pp. 189, 190.]

June 4.Barbados.

787. Governor Sir Bevill Granville to the Earl of Nottingham.
Repeats gist of Additions:—General Codrington was
taken some time before [May 7] very ill of sore eyes and fevour
and left the army the first day of May. All the account I am
yet able to give your Lordship of this place is that I find it very
sickly, and the sickness very mortall, the fortifications bad and
in very ill order, the malitia, which is its best strength by sickness
and the difficulty of getting white servants from Europe lessen'd
to a degree very unequall to what the defence of it requires.
Capt. Sherrard, the engineer, dyed in ten days after his arrival.
H.M. service in this Island very much wants a good officer of
that kind etc. Signed, Bevill Granville. Holograph. 3 pp.
[C.O. 28, 38. No. 13.]

June 4.

788. Duplicate of preceding. [C.O. 28, 38. No. 14.]

June 4.

789. Council of Trade and Plantations to the Queen. In
obedience to your Majesties Order in Councill upon the Petition
of Mr. William Vaughan, praying that the Commission intended
for constituting John Usher, Esq., to be your Majesties Lieutenant
Governour of the Province of New Hampshire may be stopt,
we have examined the matter of the said Petition, and heard the
Petitioner as well as the said Usher by their Councill learned and
do thereupon humbly report to your Majesty. Mr. Usher does
not appear to us to have been guilty of the mismanagements
and misdemeanours laid to his charge by the Petitioner during
his being Lieutenant Governour there. But the disturbances
which happened in that time did in great measure proceed from
the disorderly practice of some of those men who now oppose
his being restored by your Majesty to that Government. And
whereas disorders seem to have arisen from the difference in
point of interest between the present possessors of the lands,
and Samuell Allen, the General Proprietor of that country, to
whom the said Usher is nearly related, we are humbly of opinion
that upon the said Usher's receiving your Majesties Commission
of Lieutenant Governour, he may likewise have express directions
not to intermeddle in any manner whatsoever with the appointing
of Judges or Juries or otherwise in matters relating to the
disputes between the said Allen and the inhabitants of that
Province, but that your Majesty do impower and require
Colonell Dudley, Governour in Cheif of this Province, to give
all necessary directions in those matters, and to appoint the
Judges and other Officers that shall be concerned in transacting
this particular business; by which means all pretence of partiality
in the execution of that Government relating to the said
differences will be taken away. Signed, Dartmouth, Robt. Cecill,
Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior.
[C.O. 5, 911. pp. 52–54.]

June 4.Whitehall.

790. W. Popple to J. Burchett, enclosing the following,
to be laid before H.R.H. Annexed,

790. i. Council of Trade and Plantations to H.R.H. Prince
George of Denmark, Lord High Admiral. In pursuance
of your Royal Highness' directions upon the Petition
of several merchants of London trading to Virginia and
Maryland, who desire that whereas the convoy for that
trade was appointed for July, it may be deferr'd till
September or October next, we humbly report, that
having heard the allegations on both sides we find
no reason to alter our former opinion, that the end of
July or the beginning of August is the proper time for
the departure of the convoy to Virginia and Maryland,
since the said convoy thus sailing in all probability will
arrive before winter, so that the inhabitants may be
furnished with cloathing and other necessary commodities, which they will want for that season; whereas
if the time for the departure of the convoy be fixed for
October, it may happen that they may meet with
contrary winds, and ill weather in their way, and arrive
too late in the winter season for the disposal and
distribution of the commodities expected there. We
are further confirmed in this oppinion by a letter lately
received from Coll. Nicholson, Governour of Virginia,
who besides the foresaid reasons, does alledge that in
case the convoy does not arrive so as to supply the
necessities of the inhabitants, they will be inclined to
apply themselves to woollen or cotton manufactures,
as they endeavoured to do the last war in like circumstances, which would be very prejudicial to the trade
of England, and ought to be prevented by all possible
means. We humbly add that there is a necessity of
dispatching ye Governour appointed by H.M. for
Maryland as soon as may be, who if he have not the
opportunity of this convoy, will need at least one man
of war for carrying him thither. And since the ships
of war which last sailed for Virginia, are all ordered
to come away with the trade, and that there is no other
ship appointed for that station, we humbly conceive that
one of the men of war now intended thither, may be
necessary to remain there as a winter guard, whatever
service the other may be ordered upon, untill the return
of the fleet; and upon the whole matter wee are humbly
of opinion that your Royal Highness' former directions
for this convoy's sailing in July, which has been already
intimated to the inhabitants of Virginia, may be
confirmed. Signed, Ph. Meadowes, Wm. Blathwayt,
John Pollexfen, Mat. Prior. [C.O. 5, 1360. pp. 393–396.]

June 4.

791 Mr. Dummer to the Council of Trade and Plantations.
Enclosing following extracts. Considering the distance run and
the accidents of all kinds attending a navigation of this nature,
their dispatches have been wonderful uniforme and within the
time I designed them. Signed, E. Dummer. Addressed. 1 p.
Enclosing,

791. i. June 3,1703. An extract of the respective Journals of the
Bridgeman, Mansbridge and King William sloops, shewing
the dispatches of each of their first voyages from England
to the West Indies, their times of stay at each Island
and their times being at sea or sailing from one place
to the other till they returned to England again,
viz.:—

Bridgman.

Dayes stayed in Port.

Days at Sea.

Sailed from ye Needles,

21 Oct., 1702, came to

Barbadoes,

18 Nov. foll

28.

3

Do. Barbadoes,

21 Nov.,

Antegoa.

24 do.

3

1

Do. Antogoa,

25 do.

Mountserrat

26 do.

1

1

Do. Mountserat,

27 do.

Nevis,

28 do.

1

1

Do. Nevis

29 do.

St. Xtophers,

29 do.

½

2

Do. St. Xtophers,

1 Xber.,

Jamaica,

6 Dec.

6

9

Do. Jamaica,

15 do.,

Falmouth,

2 Feb.

49

17

88½

Mansbridge.

Dayes stayed in Port.

Days at Sea.

Sailed from Plymouth,

8 Xber., came to

Barbadoes,

11 Jan. foll.

35

2

Do. Barbadoes,

13 Jany.,

Antegoa,

15 do.

2

1

Do. Antegoa,

16 do.,

Mountserat,

17 do.

1

1

Do. Mountserat,

18 do.,

Nevis,

19 do.

1

1

Do. Nevis,

20 do.

St. Xtophers,

20 do.

½

1

Do. St. Xtophers,

21 do.,

Jamaica,

29 do.

8

6

Do. Jamaica,

4 Feb.,

Plymouth,

10 March

34

12

81½

King William Sloop.

Dayes stayed in Port.

Dayes at Sea.

Sailed from Falmouth

30 Jan., came to

Barbadoes,

10 March foll.

39

2

Do. Barbadoes,

12 March,

Antegoa,

15 do.

3

1

Do. Antegoa,

16 do.,

Mountserat,

17 do.

1

1

Do. Monserat,

18 do.,

Nevis,

18 do.

½

1

Do. Nevis,

19 do.,

St. Xtophers,

19 do.

½

1

Do. St. Xtophers,

20 do.,

Jamaica,

26 do.

6

6

Do. Jamaica,

2 April,

Falmouth,

16 May, 1703

44

12

94

The fourth sloop being taken off Dungeness in Febry.
last, a month was lost or intermitted in the currency
of this intended navigation, which being supply'd by
another of the like vessells to carry the last month's
mail, 'tis hoped will demonstrate effectually what was
first propounded, namely a monthly intelligence out
and home with all the West India Islands by four
vessells each of them being to make three voyages
p. annum, so that the facts above mentioned do
sufficiently exemplifie the order and possibility of
accomplishing a constant monthly correspondence with
all the said Islands which was propounded to be done
by, Signed, E. Dummer. 1 p. [C.O. 318, 3. Nos. 16,
16.i.; and 323, 5. No. 16; and 324, 8. p. 252.]

June 4.Barbados.

792. Governor Sir Bevill Granville to Mr. Warre. Returns
thanks for letters received. Notwithstanding I left London
in January, it was the middle of March before we got
clear of Plymouth, and May 10th before I reached this place;
at my coming I met the news of General Codrington's being
landed with the Regiments sent from Cadiz and some other
of H.M. forces in these parts on Guardaloup, March 12, which
they deserted again May 7, and sayled for Nevis without reaping
any other advantage then burning a few houses and carrying
away some negros. The miscarriage is attributed to the time
given the French to prepare themselves, the troops having bin
here since the beginning of December last, and to the misunderstanding between the sea and land officers, a thing which has
bin fatall to all our expeditions in these parts, and will ever be
so without one is obliged to obey the other. I recommend
myself to the continuance of your kindnesse and favour etc.
Signed, Bevill Granville. P.S.— By a letter from my
Lord Nottingham, Feb. 12, I am directed to suffer no commerce
with the Spaniards or French. I should be glad to know if the
word (commerce) extends to the making of no cartel with them
nor any agreement about the exchange of prisoners. Endorsed,
R. July 23. 2½ pp. Holograph. [C.O. 28, 38. No. 12.]

June 4.Whitehall.

793. Council of Trade and Plantations to the Queen. In
obedience to yr. Majesty's Order in Councill upon the Petition
of Mr. William Vaughan, praying that the Commission intended
for constituting John Usher, Esq., to be yr. M's. Lieut. Governour
of the Province of New Hampshire may be stopt, We have
examined the matter of the said Petition and heard the petitioner
as well as the said Usher by their Councill learned, and do thereupon humbly report to yr. Majesty that Mr. Usher does not
appear to us to have been guilty of the mismanagements and
misdemeanours laid to his charge by the petitioner, during his
being Lieut. Governour there. But that the disturbances which
happened in that time did in great measure proceed from the
disorderly practice of some of those men, who now oppose his
being restored by your Majesty to that Government, And whereas
disorders seem to have arisen from the difference in point of
interest between the present possessors of the lands, and Samuell
Allen, Esq., the general proprietor of that country, to whom
the said Usher is nearly related, we are humbly of opinion
that upon the said Usher's receiving yr. Majesties Commission
of Lieut. Governour he may likewise have express directions not
to intermeddle in any manner whatsoever with the appointing
of Judges or Juries or otherwise, in matters relating to the disputes
between the said Allen, and the inhabitants of that Province,
but that yr. M. do impower and require Collonel Dudley Governour
in Cheif of this Province, to give all necessary directions in those
matters, and to appoint the Judges and other officers that shall
be concerned in transacting this particular business; by which
means all pretence of partiality in the execution of that Government relating to the said differences will be taken away. Signed,
Dartmouth, Robt. Cecill, Ph. Meadows, Wm. Blathwayt, John
Pollexfen, Mat. Prior. [C.O. 5, 911. pp. 52–54.]

June 4.Whitehall.

794. Journal of Council of Trade and Plantations. The
clothier employed by Mr. Champante in providing the last
cloathing sent by him to New York, did produce specimens of
some part of the said clothing to be compared with those returned
by the Lord Cornbury, brought hither by Mr. Thrale. But the
clothier did not produce any specimen of the surtouts, wch.
their Lordships thought most defective, nor any account of the
cost; whereupon he was ordered to direct Mr. Champante to
bring the said account on Tuesday.

Mr. Roop acquainted their Lordships, that the Board of
Ordnance having agreed to employ him in fixing the Boom in
St. John's Harbour, he was about to repair thither, whereupon
he was desired to make the best observations he could, when
there, relating to the Trade and Fishery, and to communicate
them to this Board at his return, which he accordingly promised.

Mr. Cobb laid before the Board an Order of Council [May 27
q.v.]. Directions thereupon given to the Secretary to lay before
their Lordships at their next meeting a state of the proceedings
that have been made by this Board and of the answer received
from the Plantations relating to the authority by which the
Admiralty Courts are there constituted.

Representation relating to Mr. Usher's Commission signed.

Letter from Burchet, relating to money to be sent to Newfoundland, read.

Report to H.R.H., relating to the convoys for Virginia and
Maryland, signed and sent.

Extract received from Mr. Dummer read.

Act of Nevis, Dec. 21, 1702, for the better securing and confirming
the titles of land, ordered to be sent to Mr. Attorney General.
[C.O. 391, 16. pp. 149–152; and 391, 97. pp. 427–428.]

June 4.Whitehall.

795. Minutes of Council in Assembly of the Massachusetts
Bay. Petition of James Baily, Capt. Samuel Ruggles and sundry
others, inhabitants of Roxbury, Dorchester and Boston, praying
a grant of a tract of vacant land in the wilderness lying betwixt
the towns of Oxford, Woodstock and Quaboag, for the rayseing
of a Plantation, read. Resolved, that they be granted five miles
square of land, to join one or more of the towns above named,
not intrenching upon former grants, provided they settle 30
families there within 4 years, and procure and settle a learned
Orthodox Minister in the said Plantation, and to be under the
regulation of a Committee to be appointed by this Court, until
they be capable of having proper town officers, as the Law directs.
This resolve was sent down to the Representatives for their
concurrence, together with an order referring the petition of
Major John March to be heard at the next Court of General
Sessions within the County of Essex.

June 5.

Message sent down to the Representatives to move them to
bring forward the tax Bill, the impost, excise etc. and the necessary
Bills before them, for that H.E. must set forward on his voyage
eastward upon the 9th.

Order passed restraining any person from making any contract,
lease of land or purchase of timber of any Indian, without licence
first had for the same from the General Assembly, and declaring
all contracts and leases heretofore made contrary thereto null
and void, to extend only to the territories formerly called the
Colony of the Massachusetts Bay and New Plymouth. This
resolve was sent down for concurrence of the Representatives.
The House replied that they were of opinion that effectual
provision is by Law already made in that matter, and shewed
forth the Law. [C.O. 5, 789. pp. 829, 830.]

June 4.

796. Journal of House of Representatives of New York.
Petition of Richard Greener being under consideration, ordered
that he attend to-morrow.

June 5.

Ordered that H.E. be addressed for his warrant for paying the
Clerk of the Commissioners of Accounts his salary.
20l. voted to Richard Greener in consideration of his wounds
and sufferings in the late disorders. [C.O. 5, 1185. pp. 74–76.]

798. Minutes of Council of the Massachusetts Bay.
8l. 10s. 8d. paid to Penn Townsend for entertainment of H.E.,
the Council and Assembly at H.M. Castle on Castle Island, when
they went to view the fortifications, and money given to the
garrison and workmen.

3l. paid to Mahuman Hinsdall for bringing a French prisoner
from Deerfield to Boston in the summer of 1702.

6l. 7s. 7d. paid to Col. John Thacher for subsisting of soldiers
detached for H.M. service March last, and 5l. 11s. 8d. for subsisting
and guarding several French prisoners taken at Cape Coll last
winter.

49s. 6d. paid to Daniel Peirce on account of expresses.

20l. paid to H.E. to be employed for secret services.

A General Council being summoned this day for nominating
and appointing Civil Officers, H.E. nominated Major Francis
Wainwright to be a Justice of the Peace within the county of
Essex. The Council consented. H.E. acquainted the Council
that Isaac Addington, Chief Justice of the Superior Court, had
addressed him several times with great earnestness to be dismist
from that office, being much impaired in his health. H.E.
nominated Nathaniel Thomas for a justice of the said Superior
Court, and intimated that he should ask their advice and consent
as to one of the five for Chief Justice. Some of the Council
insinuated that a person be first named for Chief Justice, and
desired to advise, the summons not intimating what civil officers
were to be appointed. [C.O. 5, 789. pp. 512–514.]